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Review “Title IX” in the topic materials. What is Title IX and how does it impact you as a student?

UNV Title IX

Trigger Warning! This training discusses topics relating to sexual harassment and sexual assault that may be difficult or triggering for someone who has experienced these behaviors. If you need to take a break, it is okay! If you would like to be connected to campus resources, please contact titleix@gcu.edu.

What Is Title IX?

While it is often thought of as a law that applies to athletic programs, Title IX has a much broader reach than athletics, and impacts all of the students, faculty, and staff of Grand Canyon University.

Title IX of the Education Amendments of 1972 is a federal law that prohibits sex and gender-based discrimination in education programs and activities that receive federal funds. This includes gender-based harassment, and also includes sexual misconduct and sexual violence as forms of sex discrimination. Title IX applies equally to males and females in all educational programs and activities at GCU, including athletics, extracurricular activities and other programs and events. In addition to Title IX, GCU also complies with the Violence Against Women Act (VAWA), which amended the Clery Act to give additional rights to campus victims of sexual assault, domestic violence, dating violence, and stalking.

GCU will respond to alleged incidents of sexual and gender-based misconduct that occurred on campus, that were part of an official university program or activity (regardless of location), or where the reporting party and responding party are students, faculty, staff, administration, or a third-party vendor of the university (regardless of location).

Right now, some of you may be thinking, “I am an online only student.  Does this requirement apply to me?” Our policies protect all students, regardless of their location.  Therefore, it is important for online students to learn about our Title IX program, because prohibited conduct does not require physical touching.  Various forms of misconduct, such as sexual harassment and stalking, can occur in the online environment.  You may also find the information to be helpful to you outside of the online classroom.

GCU’s commitment to complying with these regulations helps to ensure our school is a safe and responsible learning and working environment. So it is important that all students, faculty, and staff are aware of GCU’s policy regarding sexual harassment and sexual misconduct. The Gender-Based and Sexual Misconduct Policy and Grievance Procedures spells out the obligations that GCU has to provide for the prompt and equitable resolution of sexual or gender-based harassment or sexual violence complaints. The policy also provides:

· An assurance that GCU will take steps to prevent the recurrence of any harassment and address any discriminatory effects

· The various ways that a complaint can be filed

· The methods GCU will utilize to conduct a full investigation of the complaint

· The rights of both the reporting and responding parties

· Interim measures and campus resources

· Sanctions for each type of violation

Policy Violation Definitions

Now let’s talk about the types of behaviors covered by the policy, starting with sexual harassment. Sexual harassment is unwelcomed, gender-based verbal or physical conduct that is based on power differentials, the creation of a hostile environment, or retaliation. In all forms, the behavior must be sufficiently severe, persistent, or pervasive that it unreasonably denies or interferes with someone’s ability to participate in or benefit from GCU’s educational programs, activities, or employment. There are three types of sexual harassment:

· Hostile environment sexual harassment occurs when the harassment has the purpose or effect of unreasonably interfering with an individual’s employment or academic purpose. Although mere offensiveness is not enough to create a hostile environment under the policy, one isolated incident that is sufficiently severe, such as sexual assault, is sufficient. Examples of behaviors that may constitute hostile environment sexual harassment include:

· Sexual comments, teasing, or jokes

· Sexual slurs, demeaning terminology, or other verbal abuse

· Videos, texts, Tweets, Facebook posts or any other social media messages when the content is sexual in nature, badgering, belittling, or includes derogatory sexual comments about another person.

· Quid Pro Quo harassment, meaning “this for that,” exists when the harassment occurs by a person having power or authority over another person. These are all types of quid pro quo sexual harassment:

· In academics, an instructor making sexual advances toward a student in return for a passing grade, or

· In athletics, a coach requesting sexual favors from a student athlete in order to have more playing time, or

· In employment, a supervisor requesting a dates from a subordinate in exchange for a raise or promotion

· Retaliatory harassment is any adverse employment or education action taken against a person because of the person’s participation in a complaint or investigation into discrimination or harassment. GCU adheres to a stringent nonretaliation policy and will take immediate action against those participating in retaliatory behaviors.

The next type of policy violation is Non-Consensual Sexual Contact. This is defined as any intentional bodily contact of a sexual manner, however slight, with any object, by one person upon another that is without consent and/or by force. This includes someone touching you, or someone making you touch yourself, or touch them. Similarly, Non-Consensual Sexual Intercourse is defined as any sexual intercourse, with any object, by one person upon another, that is without consent and/or by force, no matter how slight the penetration or contact.

Sexual exploitation occurs when someone takes non-consensual or abusive sexual advantage of another person, for their own benefit or for the benefit of someone other than the person being exploited. There are a range of examples in this category, such as:

· Invasion of sexual privacy;

· Prostituting another student;

· Non-consensual video- or audio-taping of sexual activity;

· Going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you having consensual sex);

· Engaging in voyeurism;

· Knowingly transmitting a sexually transmitted infection (STI) to another student;

· Exposing one’s genitals in non-consensual circumstances; inducing another to expose their genitals;

· Sexually-based stalking and/or bullying may also be forms of sexual exploitation

The policy describes other misconduct offenses that will be investigated accordingly, that are either based on sex or gender, or mandated through the VAWA regulations:

· Bullying: repeated and/or severe aggressive behavior likely to intimidate or intentionally hurt, control, or diminish another person physically or mentally.

· Domestic and/or Dating Violence: Any act of violence or threatened act of violence that occurs between individuals who are involved or have been involved in a sexual, dating, spousal, domestic, or other intimate relationship.

· Stalking: Engaging in a course of conduct directed at a specific person under circumstances that would cause a reasonable person to fear bodily injury or to experience substantial emotional distress. This includes cyber-stalking.

Force, Incapacitation, and Consent

In order to fully understand the policy violations described, it is equally important to understand the role that force, incapacitation, and consent can play in non-consensual sexual incidents. Force is when violence, threats, intimidation, or coercion are used to gain sexual access to another person. Incapacitation is a state where someone cannot make rational reasonable decisions because they lack the capacity to give knowing consent. To fully consent to sexual activity, a person must fully understand the “who, what, when, where, why, and how” of the sexual interaction. Incapacity can result from mental disability, sleep, involuntary physical restraint, and alcohol or drug consumption, including those administered unknowingly. In order for individuals to engage in sexual activity of any type with each other, there must be clear, knowing, and voluntary consent prior to and during sexual activity. Consent is sexual permission. Consent can be given by word or action, but nonverbal consent is not as clear as discussing what is or isn’t sexually permissible. Consent to some form of sexual activity cannot be automatically taken as consent to any other form of sexual activity. Silence without actions demonstrating permission cannot be assumed to show consent. Consent can also be withdrawn at any point during sexual activity. Personal use of alcohol or other drugs will never function as a defense for any behavior that violates the policy. Additionally, in the absence of mutually understandable words or actions that demonstrate clear consent, it is the responsibility of the initiator of the sexual activity to make sure that they have consent from their partner.

Filing a Complaint

There are multiple options for reporting sexual harassment or sexual misconduct. All reports of sexual misconduct are submitted to the university’s Title IX Coordinator regardless of how they are initially reported. Trained investigators will work with the reporting party on options for support, resources, and resolution of complaints. If you experience sexual harassment or sexual misconduct, you have the right to choose one or more of the following options:

· Criminal complaint: You can file a criminal complaint by contacting the Phoenix Police Department or GCU’s Department of Public Safety. If you contact Public Safety, they can talk with you about reporting to the police or obtaining an order of protection, and they can also assist you in filing a report with the police. It is important to note that GCU is required to conduct their own Title IX investigation, regardless of a criminal complaint being filed with the police or not.

· You can also submit an institutional complaint for review by the university by contacting one of the following areas:

· The Title IX Coordinator – TitleIX@gcu.edu or (602) 639-5900

· An Assistant Deputy Title IX Coordinator

· For students: